Dallas councilman plans to renew push for cite-and-release for marijuana

Updated 11:55 am, Friday, February 17, 2017

Photo: Michael Ciaglo, Houston Chronicle

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HOUSTONED: What you need to know about Houston's new marijuana policy

Houston and Harris County are poised to decriminalize low-level possession of marijuana in a sweeping move that puts the area at the forefront of efforts in Texas to halt minor drug arrests that clog jails and courts.

District Attorney Kim Ogg announced the new policy Thursday. The policy, set to begin March 1, means that misdemeanor offenders with less than 4 ounces of marijuana will not be arrested, ticketed or required to appear in court if they agree to take a four-hour drug education class, officials said.

The move would save Harris County more than $26 million a year in costs from the jail, district attorney, courts, indigent defense, crime labs and law enforcement, according to numbers released by the district attorney's office.

Officials have said it could divert an estimated 12,000 people a year out of the criminal justice system and would save officers hours of processing time now spent on low-level cases. More than 107,000 misdemeanor marijuana cases have been handled in the past 10 years, officials said.

Since there is no arrest, there is no arrest record. Since there is no court date, there are no court documents connected to the encounter. The plan calls for officers to seize the marijuana and drop it off at a police station at the end of their shift, along with a record of the encounter in case the suspect does not take the class.

Ogg, a Democrat who beat incumbent Republican District Attorney Devon Anderson in the November general election, campaigned as a reform candidate who pledged to reduce arrests for low-level drug offenses.

Montgomery County District Attorney Brett Ligon sharply criticized the proposal, saying Ogg was trying to legalize marijuana. "Unlike Harris County, Montgomery County will not become a sanctuary for dope smokers," Ligon said in a press release. "I swore an oath to follow the law – all the laws, as written by the Texas Legislature. I don't get to pick and choose which laws I enforce."

The Houston chapter of the National Organization for the Reform of Marijuana Laws, praised the program. "Law enforcement should focus on protecting our communities instead of wasting their resources arresting people and ruining their lives over a misdemeanor amount of cannabis," the organization said in a press release. "Our DA is taking a brave course of action to minimize the detrimental affect that prohibition has on our communities."

At the sheriff's office, the new policy will save up to 12 hours of processing time per month for as many as 1,000 suspects, a move that will ease the workload on administrators and jailers who transfer and process inmates, officials said. less

Time saved is time earned

At the sheriff's office, the new policy will save up to 12 hours of processing time per month for as many as 1,000 suspects, a move that will ease the workload on administrators and ... more

Photo: Getty Images

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Few changes

The move will likely not affect the jail population significantly, since most misdemeanor marijuana offenders move quickly in and out of jail. On Wednesday, Feb. 15 just 12 people were jailed on misdemeanor marijuana offenses and unable to make bail, he said. less

Few changes

The move will likely not affect the jail population significantly, since most misdemeanor marijuana offenders move quickly in and out of jail. On Wednesday, Feb. 15 just 12 people were jailed ... more

Photo: Getty Images

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You have options, but your weed is long gone

Under the new program, police would identify a suspect to make sure they do not have warrants or other legal issues, then would offer them the option of taking the drug education class. If the suspect takes the class, the drugs are destroyed and the agreement is filed away. less

You have options, but your weed is long gone

Under the new program, police would identify a suspect to make sure they do not have warrants or other legal issues, then would offer them the option of taking the ... more

Photo: Getty Images

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A different use of resources

A suspect would be able to take the class over and over again regardless of past criminal history, officials said. The new program will keep police on the streets longer each day and reduce costs for lab testing of the drugs

If the suspect does not take the class, the contraband will be tested, and prosecutors will file charges and issue an arrest warrant. Offenders could then face up to one year in jail if convicted of the Class A misdemeanor.

If the suspect does not take the class, the contraband will be tested, and prosecutors will file charges and issue an arrest warrant. Offenders could then face up to one year in jail if convicted of the

In the past, police union officials have supported marijuana diversion programs as long as officers are allowed to drop evidence at police stations, instead of having to take it downtown. Shortly after taking HPD's top post in December, Art Acevedo — who previously was chief in Austin – voiced similar sentiments about low-level drug cases, saying police should go after drug dealers rather than users.

Assistant District Attorney David Mitcham, who heads the DA's trial bureau, echoed Acevedo's sentiments. "We don't want people to go through an arrest, and all that entails,
over simple possession of marijuana," he said. "We don't want the cops
spending the hours it takes to book somebody into jail while the
burglars conduct their business because there's no cop on the beat." less

A consensus builds

Assistant District Attorney David Mitcham, who heads the DA's trial bureau, echoed Acevedo's sentiments. "We don't want people to go through an arrest, and all that entails, over simple ... more

Photo: Getty Images

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Dallas councilman plans to renew push for cite-and-release for marijuana

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Just days after the Harris County district attorney unveiled a new diversion plan for low-level marijuana cases, Dallas City Councilman Philip Kingston said he plans to renew efforts for a cite-and-release program for possession of small amounts of marijuana.

Kingston has been working on the issue since his election to the council in 2013, he said. It was discussed by the city leaders as recently as last year, but gained opposition -- including from the police chief, who has since retired, and a vocal council member, who argued that it would be unfair to her constituents who lived in an outlying county that would not support the change.

For Kingston, however, he said the selling points remain strong: the laws are discriminatory - affecting black and Latino men at a sharply disproportionate rate - and police resources need to be conserved, not wasted on low-level marijuana enforcement.